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(영문) 서울고등법원 (춘천) 2014.07.23 2014노62

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

Text

All appeals filed by the defendant and the respondent for an attachment order shall be dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence of imprisonment for life is too large.

2. Although the judgment on the part of the Defendant case and the person subject to an application for an attachment order (hereinafter “defendants”) have shown an attitude of pening to some degree while making a confession of all the crimes, the Defendant B committed each of the crimes of this case repeatedly during the period of repeated crime by a short period. In particular, the Defendant B had a record of having been sentenced to cumulative punishment for the same kind of crime, such as special robbery, rape, robbery, robbery, etc., the number of violent crimes among the crimes of this case is very harsh and apparent, all of the other crimes are planned, and all of the other crimes are committed planned, and no effort has been made to recover damage, and considering all the various sentencing conditions indicated in the records, such as the age, character, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed improper to deem that the sentence imposed by the lower court is too unreasonable.

3. In the event that the Defendants filed an appeal against the accused case regarding the part of the case requesting the attachment order, it shall be deemed that the Defendants filed an appeal against the attachment order case pursuant to Article 9(8) of the Act on the Probation and the Electronic Monitoring, etc. of Specific Criminal Offenders. However, the Defendants’ petition of appeal or the grounds of appeal are not indicated in the grounds of appeal, and even if examining the judgment below, the aforementioned part shall not be reversed ex officio.

4. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.